North Carolina Jury Instruction - 1.9.3 Miscellaneous Issues Retaliation

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• Control #: US-11CF-1-9-3
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

North Carolina Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation is a legal guideline provided to jurors in North Carolina regarding cases involving retaliation. This instruction addresses various issues related to retaliation and aims to guide jurors in making informed decisions. Retaliation, as defined by this instruction, refers to an act of revenge or reprisal carried out by an individual against another due to the latter's protected activity or opposition to unlawful practices. It is crucial to recognize and address retaliation as it is considered a violation of the law and undermines the principles of justice and fairness. In North Carolina, there may be various types or situations where retaliation becomes an issue in a legal case. These can include: 1. Employment Retaliation: This type of retaliation occurs in the workplace where an employer or supervisor takes adverse action against an employee for reporting discrimination, harassment, or other illegal activities taking place at work. Jurors must understand that employees have the right to engage in protected activities without facing retaliation. 2. Whistleblower Retaliation: Whistleblower laws protect individuals who report illegal or unethical activities within a company or organization. However, in some cases, whistleblowers may face retaliation in the form of termination, demotion, harassment, or other harmful actions. Jurors must assess the evidence in such cases and determine if retaliation occurred due to the protected activity. 3. Retaliation in Civil Cases: This includes situations where a party involved in a civil lawsuit engages in retaliatory conduct against another party. It could involve actions aimed at punishing the opposing party for asserting their legal rights or pursuing a claim. Jurors must consider the facts and circumstances to ascertain if retaliation played a role in the case. North Carolina Jury Instruction — 1.9.3 also provides guidance on assessing retaliation claims. It instructs jurors to carefully evaluate whether the alleged retaliatory action was a direct response to the protected activity or opposition. Jurors should consider the timing of events, any prior knowledge or communication, and any other relevant evidence presented during the trial. Moreover, this instruction clarifies that retaliation claims require the plaintiff (the party alleging retaliation) to establish a causal connection between the protected activity and the adverse action taken against them. Jurors should weigh the evidence presented and assess the credibility of witnesses to reach a fair conclusion. In summary, North Carolina Jury Instruction — 1.9.3 Miscellaneous Issues Retaliation is a vital tool for guiding jurors in cases involving retaliation. It helps ensure that jurors understand the different types of retaliation, the legal principles involved, and the necessary considerations to judge the validity of retaliation claims. By following this instruction, jurors can make informed decisions, uphold justice, and safeguard the rights of individuals who face retaliation.